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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Radha Rani – Appellant
Versus
Varinder Singh – Respondent
JUDGMENT :
Sudeepti Sharma J. (Oral)
CM-5923-CII-2025
1. The present application has been filed seeking restoration of the main appeal i.e. FAO-1043-2006, which was dismissed for want of prosecution, vide order dated 21.11.2024 passed by this Court.
2. For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed and the main appeal i.e. FAO-1043-2006, is ordered to be restored to its original number and is taken on Board today itself.
FAO-1043-2006 (O&M)
1. The present appeal has been preferred against the award dated 11.11.2005 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Sangrur (for short, 'the Tribunal') for enhancement of compensation, granted to the claimants/appellants to the tune of Rs.3,36,000/- along with interest at the rate of 7.5% per annum, on account of death of Sanjay Bansal in a Motor Vehicular Accident, occurred on 02.07.2004.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not reproduced and is skipped herein
The judgment clarifies compensation adjustments due to insufficient assessment of income and deductions under motor vehicle accident claims.
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
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